CIBC Bank USA ("Bank," "CIBC," "we," "us," or "our") offers to its clients certain banking services that can be accessed using a mobile device, including, as described below, mobile check deposit and text (SMS) messaging services for U.S.-based mobile telephone numbers. Collectively, these banking services are referred to as "Mobile Banking." The following terms govern the Bank's provision of Mobile Banking services to you as a client of the Bank.
SECTION A - CIBC Bank USA Mobile Banking End User Terms Agreement
This CIBC Bank USA Mobile Banking End User Terms Agreement ("Mobile Banking Agreement") establishes the terms and conditions for Mobile Banking services provided by the Bank through our consumer online banking service ("CIBC NetBanking Services"). Mobile Banking may be provided by the Bank or its contractors or subcontractors. "Account" and "Accounts" refer to your accounts at the Bank that you access through the Bank's Mobile Banking services.
Mobile Banking is also subject to the terms of the CIBC NetBanking Services Agreement ("CIBC NetBanking Agreement") that you received when you enrolled in CIBC NetBanking Services and the applicable Consumer Deposit Account Agreement and Disclosures for your Account ("Account Agreement"), and other terms we furnish to you in print or online in connection with Mobile Banking, CIBC NetBanking Services, or your Accounts, as they may be amended; and all applicable laws, regulations, and rules. The terms defined in those agreements have the same meaning in this Mobile Banking Agreement, unless otherwise stated. If there is any conflict between the terms stated in the Mobile Banking Agreement and any other agreements that you have with the Bank, including the CIBC NetBanking Agreement and the Account Agreement, the provisions of the Mobile Banking Agreement will prevail regarding the subject matter covered in the Mobile Banking Agreement. When you enroll in Mobile Banking, you represent that you are at least 18 years of age.
Please review your Account Agreement, which contains important legal terms and conditions and required disclosures about Electronic Fund Transfers, including error resolution procedures, and Funds Availability, as well as other important information, that impacts the use of Mobile Banking.
Mobile Banking - Generally. The Bank offers three methods for accessing Mobile Banking:
Through the Bank's mobile banking software application ("Mobile App");
Through a web browser ("Web Browser"); and
Through text (SMS) messaging services ("Text Messaging Services").
The Mobile Banking services available through each of these methods may be limited as further described in this Mobile Banking Agreement. Not all Mobile Banking services are available from mobile devices and some Mobile Banking services may not be available from mobile devices that do not meet the hardware and software requirements specified below. Text Messaging Services are only available for U.S. mobile telephone numbers. At the discretion of the Bank, Mobile Banking may not be available for certain types of Accounts or certain types of account authorities (e.g. trustees); due to security concerns or due to other account restrictions.
The following Mobile Banking services can be conducted through CIBC NetBanking Services on Permitted Mobile Devices (as defined below):
View real-time Account balances and Account information for your Accounts
Review transaction history on your deposit and credit Accounts
o Transfer funds from your Accounts to other Accounts
o Modify or cancel transfers
Bill Pay Services
o Initiate payments from your deposit Account to a payee previously established through CIBC NetBanking Services
o Establish a new payee
o Schedule future payments
o Modify or cancel payments
Zelle® Services - Additional terms and conditions apply to Zelle®. Availability may be limited based on factors such as your account type, account ownership role, and/or the date of account opening. We may, from time to time, limit the type, number, and dollar amounts of any transfers made using Zelle® and terminate or suspend the operation of Zelle®, without notice, unless required by law or regulation. When you enroll in Mobile Banking and consent to the Mobile Banking Agreement, you also consent to the CIBC Bank USA Zelle Network® Standard Terms contained within. In order to use Zelle®, you will have to separately enroll in Zelle® by enrolling your Zelle® token within the Mobile App. Please refer to the CIBC Bank USA Zelle Network® Standard Terms for details.
Remotely deposit checks to your deposit Accounts; provided your account is in Good Standing (as defined below) and is based on deposit account type(s) and Client Tenure as described in Section A of this Agreement
Set Debit Card Controls
o Enable and disable debit cards
o Set spending limits by setting a maximum transaction amount
o Set transaction types by enabling or disabling specific merchant categories
o Set locations by specifying the regions where the debit card can be accepted
o Push alerts when cards are used outside specified parameters
Locate CIBC Banking Centers
Contact Customer Service
Permitted Mobile Banking Operating Systems and Devices. Smartphones that meet the requirements established by the Bank ("Permitted Mobile Devices") can be used to conduct Mobile Banking. The Bank may modify the type of Permitted Mobile Devices or the hardware or software requirements for Permitted Mobile Devices at any time.
Minimum Requirements for using Mobile Banking:
For a detailed description of all operating system requirements, please see the Supported Mobile Devices tab in CIBC NetBanking Services.
Permitted Mobile Devices and operating systems are subject to change at any time without notice.
The Bank is not responsible for any defects, viruses, or other harm that you may incur from using the Mobile App or Mobile Banking, including any errors, failures, or malfunctions of your Mobile Device. Mobile Banking services may not be accessible from all locations and some or all of the Mobile Banking services may not be available through some mobile networks.
Text Messaging Services. Our Text Messaging Service permits you to request and receive messages about your Accounts through a Mobile Device ("Text Messages"). You must enroll each Mobile Device separately in our Text Messaging Service to receive Text Messages on each Mobile Device. Text Messages will be sent to the number for the Mobile Device that you provided to the Bank when you enrolled in the Text Messaging Service. You are responsible for informing the Bank of any changes to your Mobile Device number. Text Messages are available only for U.S.-based mobile telephone numbers.
The use of Mobile Banking is separate and apart from any other charges that may be assessed by your wireless carrier for Text Messages sent to or received from the Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services including, without limitation, Text Messaging Services.
The Mobile Banking services are provided by the Bank. You and the Bank are solely responsible for the content transmitted through the Text Messages sent to and from the Bank.
Text Messaging Services include:
Account history/summary of recent transactions
Text Messaging Services cancellation requests
For help, text "HELP" to 79680. To stop receiving Text Messages, text "STOP" to 79680 at any time. In case of questions, please contact customer service at US.email@example.com, call 1.877-448-6500, or submit a secure message through online banking. For security reasons, please do not send account numbers or other sensitive information through Text Messages or unencrypted email.
Text Messaging Services may be changed by the Bank at any time.
Text Messaging Security. Text Messages are not encrypted and are not a secure form of electronic communication. Text Messages may include specific information pertaining to your Account, such as your Account balance and transaction information. To help protect your security, the Bank does not include your complete Account number in Text Messages.
Text Messaging Delivery and Limitations. Your receipt of any Text Message may be delayed or prevented by factors outside of our control such as communication issues with your wireless telephone carrier or Internet service provider. The Bank does not guarantee the delivery or the accuracy of the contents of any Text Message. The information in a Text Message may no longer be accurate when you receive it if there is other activity on your Account or a delay in sending or receiving the Text Message. We are not liable for any losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any Text Message; (b) inaccurate content in a Text Message; or (c) your use or reliance on the contents of any Text Message.
Termination of Text Messaging. Either you or the Bank may terminate your enrollment in the Text Messaging Service at any time without notice.
If you do not use the Text Messaging Services for a period of six months, we may terminate without notice your ability to use the Text Messaging Service.
SECTION B - Mobile Check Deposit Services
Transaction Limits. Mobile check deposit transaction limits are based on your deposit account type(s) and Client Tenure. "Client Tenure" means the length of your lending or deposit relationship with CIBC Bank USA. The highest limit applicable to your open Accounts will be the limit that applies to each of your accounts. To determine the applicable limits for your Account:
First, determine your Client Tenure.
Second, based on your Client Tenure and using the information below, review the limits for each account type you have with CIBC.
Third, determine the account type with the highest limits. These are the limits that will apply to all mobile deposits on your account.
Your current limits will always be displayed within the Bank's Mobile App before you complete a mobile check deposit.
Consumer Checking, NOW, and CIBC Bank USA Smart Account Deposits may be made via mobile check deposit based on your deposit account type(s) and Client Tenure as specified below:
Client Tenure - Client less than 1 month
Single Item Limit - $500.00
Business Day Limit - $500.00
Item Count Limit per Business Day - 10
Multi Day Limit (10 business days) - $1000.00
Multi Day Item Count Limit (10 business days) - 15
Client Tenure - Client 1 month through month 11
Single Item Limit - $5,000.00
Business Day Limit - $5,000.00
Item Count Limit per Business Day - 10
Multi Day Limit (10 business days) - $10,000.00
Multi Day Item Count Limit (10 business days) - 15
Client Tenure - Client 12 months or longer
Single Item Limit - $10,000.00
Business Day Limit - $10,000.00
Item Count Limit per Business Day - 10
Multi Day Limit (10 business days) - $25,000.00
Multi Day Item Count Limit (10 business days) - 15
Savings, Money Market, or Premier Interest on Checking Account Deposits may be made via mobile check deposit based on your deposit account type(s) and Client Tenure as specified below:
Client Tenure - Client less than 1 month
Single Item Limit - $5,000.00
Business Day Limit - $5,000.00
Item Count Limit per Business Day - 10
Multi Day Limit (10 business days) - $10,000.00
Multi Day Item Count Limit (10 business days) - 15
Client Tenure - Client 1 month or longer
Single Item Limit - $50,000.00
Business Day Limit - $50,000.00
Item Count Limit per Business Day - 10
Multi Day Limit (10 business days) - $100,000.00
Multi Day Item Count Limit (10 business days) - 15
Hold Policy for Mobile Check Deposits
Items submitted for mobile check deposit are not subject to the funds availability requirements of the Expedited Funds Availability Act and its implementing Regulation CC.
If you make a mobile deposit to a Consumer Checking, NOW, or CIBC Bank USA Smart account, we will hold your deposit for two (2) business days following the day of deposit. However, $500 will be available on the next business day following the day of deposit.
If you make a deposit to a Savings or Money Market account the full amount of your deposit will be held for three (3) business days following the day of deposit.
We may delay the availability of funds for a longer period in any situation where we believe that doing so is required by law; identify potential fraud or other illegal or suspicious activity; detect unusual activity; believe there is a dispute as to the ownership of the funds or the legitimacy of the transaction; or believe the check may not be paid for any reason. Funds availability may also be delayed for a longer period where there is an emergency or outage, such as failure of computer or communications equipment.
Mobile Check Deposit Services. You can use Mobile Check Deposit Services to deposit items to your deposit Account by using a Mobile Device registered to us. Mobile Check Deposit Services involve:
creating electronic images of checks and other items (checks, money orders, cashier's checks) ("Electronic Items")
transmitting those Electronic Items to us for review and payment processing
We will present for payment each transmitted Electronic Item that we determine is eligible for processing by creating a substitute check that we will present directly or indirectly to the bank on which the original Electronic Item is drawn or payable, by including it in an electronic file for presentment, or by presenting or posting an Electronic Item for which we are the paying bank. There are some restrictions on the Mobile Devices that can be used and the items that can be deposited into your Account, as specified in this Mobile Agreement, your Account Agreement, and the CIBC NetBanking Agreement. Mobile Check Deposit Services are available only through our Mobile Apps.
Limitations of Use. You must be enrolled in Mobile Banking, maintain your Account in Good Standing (as defined below) prior to using the Mobile Check Deposit Services, and comply with any other use restrictions that we communicate to you to use Mobile Check Deposit Services. If at any time your Account is deemed not in Good Standing or you have exceeded the limitations of use stated in Section C, you will not be able to use Mobile Check Deposit Services.
Your Account is in Good Standing if it meets all of the following requirements:
No more than one overdraft has occurred on your Account since the date of your last Account statement;
No more than four overdrafts have occurred on your Account in the current calendar year; and
No more than five overdrafts have occurred on your Account in the prior calendar year.
Restrictions on Deposited Items. Only the following items may be deposited through Mobile Check Deposit Services: checks, money orders, or cashier's checks. All deposited Electronic Items must be drawn on or payable at or through a U.S. bank or credit union, made payable to you, and endorsed by you. You must endorse all Items with your name, account number and the language "For Mobile Deposit Only at CIBC Bank USA," or as otherwise instructed by the Bank, before submitting an item for deposit through Mobile Check Deposit Services. Electronic Items that do not include this required information may be rejected at the sole discretion of the Bank.
Additionally, the following items will not be accepted through Mobile Check Deposit Services for deposit into your Account:
a. Checks that have been altered or that you know, suspect, or should know or suspect, or that we reasonably believe or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Electronic Item is drawn
b. Substitute checks (including paper checks created from an electronic image)
c. Checks that are irregular in any way (e.g., where the numerical and written amounts are different)
d. Checks that are illegible or contain routing and transit number, account number, check number or MICR data that is not machine-readable
e. Checks that were previously deposited or processed as an Electronic Item
f. Checks that have been previously returned unpaid for any reason
g. Checks that are postdated or more than 6 months old
h. Checks drawn on a foreign bank or payable in a foreign currency
i. Checks that exceed the limits stated in Section B
j. Remotely created checks
We will generally notify you that an Electronic Item is not acceptable for deposit through Mobile Check Deposit Services at the time it is received by the Bank. However, we may also determine later that an Electronic Item is unacceptable for deposit.
Cut-off Times. We will process the Electronic Items that we receive through Mobile Check Deposit Services before the cut-off time on the Business Day that we receive them. Cut-off time is 4PM CT. If we receive an Electronic Item after the Cut-Off Time on any Business Day or on a day that is not a Business Day, we will process it on the next Business Day. Our Business Days are Monday through Friday, excluding federal holidays. Your Electronic Items are considered received by the Bank when a confirmation email message is generated.
Deposit Location. Electronic Items will be considered deposited at the Bank location where the Account is maintained.
Your Mobile Check Deposit Representations and Warranties
You represent and warrant to the Bank that you will:
a. only use the Mobile Check Deposit Services in accordance with the terms of this CIBC Mobile Banking Agreement, including the Limitations of Use and the Restrictions on Deposited Items stated in Section B.
b. maintain control over and be responsible for secure retention, storage, and destruction of original checks for which you have created an Electronic Item.
c. not submit any duplicate Electronic Item to us.
d. not deposit to your Account or otherwise negotiate any original paper check that you have submitted to the Bank as an Electronic Item unless we notify you that your Electronic Item was not accepted for deposit.
e. review and verify for accuracy the information contained in the Electronic Items before you transmit it to us.
Mobile Banking is provided to you by CIBC Bank USA and powered by a Licensor (as defined below) mobile technology solution. This is a legal agreement between you and the Bank regarding your use of these services and the related technology.
It is your responsibility to provide us with a current and accurate e-mail address and telephone number of any mobile device used to access Mobile Banking. It is also your responsibility to promptly update any changes to this information. You can update your information through CIBC NetBanking Services or by contacting us at:
CIBC Bank USA
6825 West 111th Street
Worth, IL 60482
Attention: Client Support Center
SECTION C - End User License Agreement Terms for Downloadable Apps
To be agreed to by End User prior to use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to the Bank as your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from the Bank and the computer programs contained therein in machine-readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or for no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Illinois excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Illinois and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
SECTION D - General Mobile Banking Terms
1. YOUR REPRESENTATIONS AND WARRANTIES. YOU REPRESENT AND WARRANT TO THE BANK THAT YOU WILL (i) EXERCISE REASONABLE CARE WHEN USING MOBILE BANKING; (ii) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT THE BANK PROVIDES TO YOU FOR MOBILE BANKING; AND (iii) USE MAXIMUM CAUTION IN PROTECTING YOUR MOBILE DEVICES, USER ID, PASSWORD AND OTHER HARDWARE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS AND NOT SHARING SUCH CREDENTIALS WITH ANY THIRD PARTY NOR ALLOWING ANY THIRD PARTY TO ACCESS YOUR ACCOUNT THROUGH ANY OF YOUR MOBILE DEVICES. YOU AGREE TO NOTIFY THE BANK IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF, MOBILE BANKING OR YOUR SECURITY CREDENTIALS.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS AND REGULATIONS, ALL USE OF MOBILE BANKING THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU AND YOU ASSUME THE ENTIRE RISK FOR THE USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO PROPERLY SECURE ALL HARDWARE YOU USE IN CONNECTION WITH MOBILE BANKING, INCLUDING, BUT NOT LIMITED TO, ENSURING THAT YOUR MOBILE DEVICE IS PASSWORD PROTECTED.
2. INDEMNIFICATION. YOU AGREE TO INDEMNIFY THE BANK FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, OBLIGATIONS, DEMANDS, CHARGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AWARDED AGAINST OR INCURRED BY THE BANK, DIRECTLY OR INDIRECTLY, DUE TO YOUR FAILURE TO ACT IN ACCORDANCE WITH THE TERMS OF THIS MOBILE BANKING AGREEMENT, INCLUDING, BUT NOT LIMITED TO, (I) DUPLICATE SCANNING OF THE SAME ORIGINAL CHECK, (II) TRANSMISSION OF DUPLICATE ELECTRONIC ITEMS, (III) NUMERICAL DEPOSIT DATA ENTRY ERRORS, AND (IV) FRAUDULENT OR UNAUTHORIZED USE OF YOUR MOBILE DEVICE, USER ID, OR PASSWORD, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS AND REGULATIONS.
3. Modification and Termination. You may terminate your use of Mobile Banking at any time by disabling or removing your mobile device within mobile management in NetBanking and/or deleting the Mobile App from your mobile device. Terminating your mobile device does not impact what information is retained or deleted. If you delete the Mobile App, you will need to re-enroll in Mobile Banking if you choose to use Mobil Banking in the future. We may modify or terminate all or any portion of the Mobile Banking services at any time, and will provide you with a minimum of 30 days' notice of any changes where required by applicable laws and regulations. If you do not use Mobile Banking for a period of six months, we may terminate your use of Mobile Banking upon notice to you.
SECTION E - CIBC Bank USA Zelle® Network Standard Terms
Unless otherwise stated, terms defined in the Mobile Banking End User Terms Agreement apply to this CIBC Bank USA Zelle® Network Standard Terms Agreement.
1. Description of Services
a. We have partnered with the Zelle Network® ("Zelle®") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle® (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle® as "Network Banks."
b. Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Bank.
c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU KNOW AND TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Eligibility and User Profile
When you enroll to use the Service, you agree to the terms and conditions of this CIBC Bank USA Zelle® Network Standard Terms Agreement ("Zelle® Agreement"). You represent that you are at least 18 years of age and have the authority to authorize debits and credits to the enrolled bank Account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to send or receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
Content Standards: You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle®'s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle® make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.
The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your "Zelle® tag." You will be limited to one Zelle® tag per bank account, and each Zelle® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.
The Consumer Deposit Account Agreement, which governs the use of your Account and was provided to you by us at the time you opened your Account, as amended from time to time, is incorporated by reference as part of this Zelle® Agreement and does not change when you use the Service with your Account. For the avoidance of doubt, in that case, this Zelle® Agreement, the Consumer Deposit Account Agreement, and any other applicable agreements related to the Account will apply.
You are presented with this Zelle® Agreement when you enroll in Mobile Banking. In order to enroll in Mobile Banking, you must accept the terms of this Zelle® Agreement and your use of Zelle® confirms your continued consent to this Zelle® Agreement. We will amend this Zelle® Agreement from time to time as needed, as determined by us in our sole discretion. When this Zelle® Agreement is updated, we will present you with the updated Mobile Banking End User Terms Agreement (which will contain the updated Zelle® Agreement) upon your login to the Mobile App. You will need to review and accept the updated Mobile Banking End User Terms Agreement in order to continue using the Service. You can obtain the most recent version of this Zelle® Agreement, contained within the Mobile Banking End User Terms Agreement, through the Mobile App.
You will only be able to use your U.S. mobile phone number or email address (Zelle® token) to enroll in Zelle®. Your Zelle® token will be used to identify you. Only one Zelle® token may be used at one financial institution within the Zelle® Network. If you are currently enrolled with Zelle® at another financial institution, you will be prompted with a message at the time of enrollment in Zelle® with CIBC that one of your Zelle® tokens is registered with another Zelle®profile through a different financial institution. During the enrollment in Zelle® within the Mobile App, you will be able to either change or transfer your Zelle® token in order to register with Zelle® at CIBC.
3. Consent to Share Personal Information (Including Account Information)
We may share information about your account(s) at CIBC, even if not using the Service, or the funds being sent or received with Zelle® and other Network Banks for multiple purposes, including:
To facilitate enrollment and authentication processes
As necessary to process or complete transactions
As necessary to provide additional and supporting services to facilitate your transactions and your use of the Service
As necessary in connection with the investigation of any claim related to your account(s) or the funds you send or receive
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
As necessary to comply with any law or regulation, directive or policy of any government agency, or court order
In accordance with your instructions
As otherwise allowed by law and/or your CIBC Bank USA Privacy Notice(s), as applicable
Please refer to your CIBC Bank USA Privacy Notice(s) given to you at account opening, and linked in the Privacy and Information Security Section below, for information regarding personal information we collect about you, our sharing practices, your rights as applicable, and your ability to opt out of certain information sharing.
4. Privacy and Information Security
We make security and the protection of your information a top priority. You can access our CIBC Bank USA Privacy Notices at https://us.cibc.com/en/about-us/privacy-policy.html. Any CIBC Bank USA Privacy Notices found at the aforementioned link that apply to you and your Account are incorporated into and made a part of this Zelle® Agreement by this reference.
5. Wireless Operator Data
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT & T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email address, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle® with your wireless operator account profile information for the duration of our business relationship.
6. Enrolling for the Service
a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
b. Once enrolled, you may:
i. authorize a debit of your Account to send money to another User either at your initiation or at the request of that User; and
ii. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle® tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle® tag and/or other alias to send or receive money as described in this Zelle® Agreement. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.
e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our Client Support Center at 877-448-6500. You expressly consent to receipt of a text message to confirm your "STOP" request.
f. Supported Carriers: The Bank reserves the right, in its sole discretion and without notice, to amend supported carriers.
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the Account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and/or the other Network Banks, additional time may be needed to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet legal or regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (e.g.., email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Zelle® Agreement and the procedures of the business or government agency that is sending you the payment.
If you see a payment in your Account that you did not expect, including a payment from a sender you do not recognize, contact us immediately in accordance with Sections 13 and 14 of this Agreement. Because of the risk of fraud scams involving unexpected payments using Zelle®, please do not send any funds back to the sender unless and until you have communicated with us about the matter and we instruct you to do so. Further, because of fraud scams in which fraudsters impersonate victims' financial institutions, it is of utmost importance that you confirm you are in fact communicating with us before taking any such action. Call us directly at the contact information provided herein, using our official Client Support Center telephone number (877-448-6500) rather than relying on the validity of an inbound call, which may falsely appear to come from that number or from another number similar to a number you might recognize.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Zelle® Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your Account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle®, either in the Zelle® mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, either in the Zelle® mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (e.g., email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Transactions where the recipient User is not yet enrolled in Zelle® can be cancelled up to the earlier of:
The date the recipient User enrolls their token in Zelle®
Ten days from the date the transaction is initiated.
10. Send Limits
There are daily limits to the dollar amount of transactions that may be made using the Service. You are considered a "New User" if you have been enrolled in the Service for less than 60 days. Transactions initiated by a New User may not exceed $500 per transaction or $500 per day. We reserve the right to change the transaction limits at any time without notice to you. All transfer limits are subject to temporary reductions to protect your Account.
11. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Zelle® Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts or otherwise violates the provisions of this Section 12.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money. We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
12. Transaction Errors
The error resolution provisions of your Consumer Deposit Account Agreement and the CIBC Bank USA Netbanking Services Agreement that relate to electronic fund transfers covered by the Electronic Fund Transfer Act (EFTA), as implemented by the Consumer Financial Protection Bureau's Regulation E, continue to apply to error resolution of Zelle® transactions, which are EFTs.
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed at the end of this section, as soon as you can, if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Please provide us with the following:
Your name and Account number (if any)
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
Tell us the dollar amount of the suspected error
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new Account, a POS transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we need additional time to investigate this matter, we will provide you with a provisional credit to your Account within 10 business days (20 business days if the transfer involved a new Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
To report unauthorized transfers or errors regarding your Account, please contact us at:
You may also submit a secure message through online banking.
Please be aware of the required timeframes you must observe for reporting to us alleged unauthorized transfers or loss, theft, or compromise of your access credentials. These timeframes are further detailed below. Delays in reporting to us can impact your liability regarding such transfers.
Your Liability for Unauthorized Transfers
If you have reason to believe that your User ID, Password, Security Information, or any other items or information that may allow access to the Service has been lost, stolen, or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account has occurred or will occur through the Service, you must call us immediately at 877-448-6500.
If you tell us within two business days after you learn your User ID, Password, Security Information, or any other information or items that may allow access to the Service has been lost, stolen, or otherwise compromised, or that an unauthorized online transfer or payment has been made from any of your Accounts, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify us, you could lose all the money in each of your Accounts, as well as all of the available funds in any overdraft protection Account or any credit line included among your Accounts.
If you do not tell us within two (2) business days after you learn of the loss, theft, or compromise or unauthorized transfer or payment, and we can prove we could have stopped someone from making an unauthorized transfer or payment using your Account if you had reported the loss, theft, or compromise or unauthorized transfer or payment, you could lose as much as $500.00. Furthermore, if any deposit Account Statement shows online transfers or payments that you do not believe you made, tell us AT ONCE. If you do not tell us within sixty (60) days after the FIRST statement showing the unauthorized transfer or payment was mailed to you, we may not reimburse any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us within the time frame.
Your obligations and liability in this "Unauthorized Transfers" section survive termination of this Zelle® Agreement.
It is important that you only send payments via Zelle® to friends, family, and others that you trust. Please be aware of scams and other fraudulent activity that may target users of the Services and other consumers. As permitted by Applicable Law, the Bank may not reimburse you for transactions that you authorized. For example, if you are induced by fraud to send a Zelle® transaction to a fraudster and you authorize this transaction, you will be liable for this transaction as permitted under Applicable Law.
13. Liability for Failure to Complete Transfers
If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Account to make the transfer;
If you have an overdraft line of credit and the transfer would go over the credit limit;
If the automated teller machine where you are making the transfer does not have enough cash;
If the terminal or system was not working properly and you knew about the breakdown when you started the transfer;
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; and
There are other exceptions stated in this Zelle® Agreement, the Consumer Deposit Account Agreement, Consumer ATM and Debit Card Agreement, the CIBC Bank USA NetBanking Services Agreement, and other agreements governing the use of your Account.
Please refer to the Fee Schedule for Consumer Accounts for more information regarding fees applicable to your Account.
15. Use of Our Online Banking Site and/or Mobile App
You agree to access the CIBC Mobile App in compliance with our Mobile Banking End User Terms Agreement and this Zelle® Agreement which are available at https://m.mbanking-services.mobi/res/992/en/enrollment/terms.html and incorporated into and made part of this Zelle® Agreement by this reference.
16. Cancellation of the Service
You may, at any time, choose to no longer use the Service. We may cancel your use of the Service for any reason, or for no reason, and at any time without notice. If you would like to deactivate your Zelle® tag, please call 877-448-6500. Once your Zelle® tag has been deactivated, you will have to re-enroll your Zelle® tag in order to use Zelle® in the future.
17. Right to Terminate Access
We may terminate or suspend this Zelle® Agreement or the Service at any time and at our discretion, without notice, unless required by law or regulation. Your use of the Service will be temporarily suspended in the event your contact information changes, and may be terminated or temporarily suspended in the event your Account type or Account ownership role changes. In the event of termination of this Zelle® Agreement or the Service, the terms in this Zelle® Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
18. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
As permitted by Applicable Law, neither we nor Zelle® shall have liability to you involving (i) any failure through no fault of us or Zelle® to complete a transaction in the correct amount, (ii) any related losses or damages from such failure, (iii) any typos or keystroke errors that you may make when using the Service, nor (iv) any transactions you authorize to another User as input by you when using the Services.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR, WHOSE IDENTITY YOU HAVE NOT VERIFIED, OR WHO YOU DO NOT TRUST. ZELLE® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
Please also refer to this Agreement's other provisions on liability, including Sections 13, 14, 21, and 22 for further information on your rights and obligations in connection with the Service.
20. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE®'S SERVICE OR WITH THE TERMS OF THIS ZELLE®, AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Zelle®Agreement and as permitted by Applicable Law, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of any of the terms of this Zelle® Agreement.
22. Governing Law; Choice of Law; Severability
This Zelle® Agreement and its enforcement shall be governed by laws and regulations of the United States and the laws of the State of Illinois, without regard to any choice of law provision.
The Consumer Deposit Account Agreement contains an agreement to arbitrate. You acknowledge and agree that for any claims or disputes you assert against Zelle® and Early Warning Services, LLC, Zelle® and Early Warning Services, LLC are entitled to enforce this provision against you.
Subject to the terms of this Zelle® Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle®'s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays, during the normal business hours referenced on CIBC Bank USA's website at https://us.cibc.com/en/contact-us.html.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
Rev. September 2022